Full Judgment Text & Judicial Ruling

1969 P Cr

1969 P Cr. L J 225

[Supreme Court]

Present : Hamoodur Rahman and Muhammad Yaqub Ali, JJ

S. M. ZAHEER‑Petitioner

Versus

THE STATE‑Respondent

Criminal Petition for Special Leave to Appeal No. 292 of 1968, decided on 21st October 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 23rd September 1968, in Criminal Bail Application No. 313 of 1968).

Bail‑--Reasonable grounds for believing person guilty of offence punishable with transportation for life‑Fact that two of has co accused absconded‑High Court, held, justified in refusing bail.

S. M. Zubair, Advocate ‑Supreme Court instructed by M. Sirjees Nagi, Attorney for Petitioner.

Raja Said Akbar Khan, Advocate‑General West Pakistan (C. M. Latif Rawn, Advocate Supreme Court with him) instructed by Siddiq & Company, Attorneys for the State.

Date of hearing : 21st October 1968.

ORDER

MUHAMMAD YAQUB ALI, J.‑‑The petitioner is charged under sections 268, 365, 395 and 468, P. P. C. The High Court has declined to release him on bail as two of his co‑accused have already absconded and reasonable grounds appeared for believing that the petitioner has been guilty of an offence punishable with transportation for life. The view adopted by the High Court is plainly correct.

We also see no ground to interfere with the order passed by the High Court in the exercise of its discretionary jurisdiction under section 498, Cr.P. C.

The petition for leave to appeal is dismissed.

Leave refused.

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